Public Law Solicitors

Duncan Lewis Solicitors recently achieved a significant victory in the case RE: IIA v LB of Bromley - Draft Order, involving a vulnerable Sudanese asylum seeker. Representing the claimant, the firm successfully obtained interim relief and secured a transfer of his case to the Upper Tribunal for a fresh age assessment.

The case centred on the defendant local authority's age assessment of the claimant, who asserted to be 17 years old upon his arrival in the UK. Despite his claims and supporting evidence, including a birth certificate, the local authority determined his age to be 24, leading to his placement in adult accommodation. However, the claimant challenged this decision, citing procedural unfairness and seeking judicial review on multiple grounds, including failure to make an appropriate referral under the national referral mechanism (NRM) and a flawed age assessment process.

In the decision, the court granted interim relief, ordering the local authority to provide the claimant with child-appropriate accommodation. This relief was deemed necessary due to the claimant's vulnerability and the trauma he had endured en route to the UK, including assault in adult accommodation. The court's decision underscores the importance of prioritising the welfare and protection of vulnerable individuals, especially those seeking asylum.

Furthermore, the court granted permission for judicial review, recognising the merits of the claimant's case and the need for a comprehensive assessment of his age by the Upper Tribunal. This decision highlights the significance of thorough and fair procedures in age assessment processes, especially concerning individuals fleeing persecution and seeking refuge.

Duncan Lewis Solicitors are pleased with the court's decision to grant interim relief and permission for judicial review in this case. It underscores the importance of upholding procedural fairness and protecting the rights of vulnerable asylum seekers. Duncan Lewis Solicitors remains committed to providing robust legal representation and fighting for the rights of asylum seekers and refugees, reaffirming its dedication to justice and human rights for all.

About the Instructing Solicitors

The team instructing on this case was caseworker Mia Lucy Forton, Solicitor Jamie Bell and Counsel Eva Doerr from Garden Court.

Mia serves as a dedicated caseworker within the esteemed Public Law department at Duncan Lewis Solicitors, operating under the direct guidance of Public Law director and seasoned solicitor, Toufique Hossain, alongside solicitor Jamie Bell. In her role, Mia plays a pivotal part in handling asylum and human rights claims, as well as navigating judicial review matters encompassing these crucial issues.

Meanwhile, Jamie Bell stands as a respected Solicitor within the dynamic Public Law and Immigration Department at Duncan Lewis Solicitors. Since joining the firm in August 2014, Jamie has amassed extensive experience across a spectrum of intricate and high-profile cases. His unwavering dedication to his clients is palpable, evident in his readiness to undertake cases at a moment's notice and around the clock, tirelessly working to prevent the unlawful removal of asylum-seekers.

Duncan Lewis Solicitors

Duncan Lewis Solicitors is an award-winning law firm renowned for its exceptional legal services and commitment to social justice. With a history spanning several decades, their team of highly skilled solicitors provides top-tier representation in 25 diverse fields of law, including immigration, family, criminal, employment, and property law. It is recognised for their unwavering dedication to making justice accessible to all, regardless of financial circumstances. Duncan Lewis Solicitors' outstanding reputation, numerous accolades, including being crowned Law Firm of the Year at the Modern Law Awards 2023, and commitment to advocating for marginalised individuals firmly establish it as a leading law firm in the UK, consistently delivering excellent legal representation.